Project 26(I) - Review of administrative decisions: appeals

The project initially arose out of a submission to government by the Law Society of Western Australia. The Society was concerned about the lack of coordination in the existing appellate arrangements in the administrative law area. There are a number of important generic reasons for reform of this kind: the rise in the volume of litigation; pressure in the funding of courts in comparison to the with the volume of work done; the need for courts to show that they provide value for money in servicing the legal needs of the public; the heightened scrutiny of courts as public institutions delivering measurable incomes within the framework of the legal system; and pressure for greater accountability and transparency.

Terms of Reference

In 1971 the Committee was asked to recommend the principles and procedures that should apply in Western Australia in relation to the review of administrative decisions both by way of appeal and by way of the supervisory jurisdiction of the Supreme Court.

Outcomes

There has been no legislative action to date; however, the Report of the Royal Commission into Commercial Activities of Government and Other Matters Part II (1992) para 3.4.8 recommended that the reforms contained in the Commission’s final report should be implemented forthwith, subject only to the observations in para 3.5.2 about the establishment of an Administrative Appeals Tribunal.